RAM PRAKASH RATHOUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Criminal Appeals have been preferred under Sections 374(2) of Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the common judgment & order dated 09.04.2014, passed by the learned Additional Sessions Judge, Khatima, District Udham Singh Nagar, in Sessions Trial No. 307 of 2013 whereby the accused-appellants, namely, Ram Prakash Rathour and Prakash Chand have been convicted under Sections 376D & 323 of I.P.C. Each one of the convicts has been sentenced to undergo rigorous imprisonment for 20 years and directed to pay fine of '25,000.00 each under Sec. 376D of I.P.C., in default of payment of which further simple imprisonment of one year each was awarded. Both the convicts were further sentenced to undergo rigorous imprisonment for a period of one year and also to pay fine of ' 1,000.00 under Sec. 323 I.P.C., in default of which further simple imprisonment of one month was awarded. All the sentences were directed to run concurrently.

(2.) Heard learned counsel for the appellants, learned Deputy Advocate General for the State of Uttarakhand and carefully perused the lower court record.

(3.) Prosecution story, in nutshell, is that on 28.03.2013, (complainant/ victim) lodged a complaint at Police Station Khatima stating therein that she is a resident of village Teraghat. On 26.03.2013 at about 07:45 p.m., she alongwith one Vishvanath Nikunj, R/o Mukta Colony, P.S. Newria, Pilibhit had gone to purchase the mosquito coil, when they were returning after purchasing Mortin (mosquito repellent). As soon as they reached in front of the orchard of Bhagiram; all of a sudden, Prakash Chand, Ram Prakash and Dheeraj residents of the same village, dragged her towards the orchard and torn her clothes. Victim shouted and when his brother resisted this act, accused persons assaulted his brother. On raising alarm, many a people reached there and Srikrishna resident of the same village saved her life. The accused persons fled away from the spot. The said complaint was registered at G.D./ Case Crime No. 69 of 2013 for the offences punishable under Sec. 354, 323 of I.P.C., against the accused Prakash Chand, Ram Prakash & one Dheeraj.